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(영문) 대법원 2017.08.23 2017도9110
강도살인등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the Defendant guilty of robbery among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

In addition, considering the circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age character and character, intelligence and environment, relationship with victims, motive means and consequence of the instant crime, the circumstances after the crime, etc., the determination of the sentence of the lower court, which maintained the first instance judgment that sentenced the Defendant to imprisonment with prison labor, is extremely unfair, even when considering the circumstances asserted by the national defense counsel as grounds for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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